Whoever being -
(1) an administrator, officer, trustee, custodian, counsel,
agent, or employee of any employee welfare benefit plan or
employee pension benefit plan; or
(2) an officer, counsel, agent, or employee of an employer or
an employer any of whose employees are covered by such plan; or
(3) an officer, counsel, agent, or employee of an employee
organization any of whose members are covered by such plan; or
(4) a person who, or an officer, counsel, agent, or employee of
an organization which, provides benefit plan services to such
plan
receives or agrees to receive or solicits any fee, kickback,
commission, gift, loan, money, or thing of value because of or with
intent to be influenced with respect to, any of the actions,
decisions, or other duties relating to any question or matter
concerning such plan or any person who directly or indirectly gives
or offers, or promises to give or offer, any fee, kickback,
commission, gift, loan, money, or thing of value prohibited by this
section, shall be fined under this title or imprisoned not more
than three years, or both: Provided, That this section shall not
prohibit the payment to or acceptance by any person of bona fide
salary, compensation, or other payments made for goods or
facilities actually furnished or for services actually performed in
the regular course of his duties as such person, administrator,
officer, trustee, custodian, counsel, agent, or employee of such
plan, employer, employee organization, or organization providing
benefit plan services to such plan.
As used in this section, the term (a) "any employee welfare
benefit plan" or "employee pension benefit plan" means any employee
welfare benefit plan or employee pension benefit plan,
respectively, subject to any provision of title I of the Employee
Retirement Income Security Act of 1974, and (b) "employee
organization" and "administrator" as defined respectively in
sections 3(4) and (3)(16) of the Employee Retirement Income
Security Act of 1974.

The Employee Retirement Income Security Act of 1974, referred to
in text, is Pub. L. 93-406, Sept. 2, 1974, 88 Stat. 829, as
amended. Title I of the Employee Retirement Income Security Act of
1974, referred to in text, is classified generally to subchapter I
(Sec. 1001 et seq.) of chapter 18 of Title 29, Labor. For complete
classification of this Act to the Code, see Short Title note set
out under section 1001 of Title 29 and Tables.
Section 3(4) of the Employee Retirement Income Security Act of
1974, referred to in text, is classified to section 1002(4) of
Title 29.
Section (3)(16) of the Employee Retirement Income Security Act of
1974, referred to in text, probably means section 3(16) of the
Employee Retirement Income Security Act of 1974, which is
classified to section 1002(16) of Title 29.

AMENDMENTS

1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $10,000" in first par.
1974 - Pub. L. 93-406 substituted "any employee welfare benefit
plan or employee pension benefit plan, respectively, subject to any
provision of title I of the Employee Retirement Income Security Act
of 1974" for "any such plan subject to the provisions of the
Welfare and Pension Plans Disclosure Act, as amended" and "sections
3(4) and (3)(16) of the Employee Retirement Income Security Act of
1974" for "sections 3(3) and 5(b)(1) and (2) of the Welfare and
Pension Plans Disclosure Act, as amended".
1970 - Pub. L. 91-452 struck out letter designation "(a)"
preceding first sentence and struck out subsec. (b) which related
to the immunity from prosecution of any witness compelled to
testify or produce evidence after claiming his privilege against
self-incrimination. See section 6001 et seq. of this title.
EFFECTIVE DATE OF 1974 AMENDMENT
Amendment by Pub. L. 93-406 effective Jan. 1, 1975, except as
provided in section 1031(b)(2) of Title 29, Labor, see section 1031
of Title 29.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-452 effective on sixtieth day following
Oct. 15, 1970, and not to affect any immunity to which any
individual is entitled under this section by reason of any
testimony given before sixtieth day following Oct. 15, 1970, see
section 260 of Pub. L. 91-452, set out as an Effective Date;
Savings Provision note under sections 6001 of this title.
EFFECTIVE DATE
Section effective 90 days after Mar. 20, 1962, see section 19 of
Pub. L. 87-420, set out as a note under section 664 of this title.